Columbus, Georgia

BOARD OF ZONING APPEALS



REGULAR MEETING - 2:00 P.M. ? SEPTEMBER 1, 2004





The Regular Meeting of the Board of Zoning Appeals was held Wednesday,

September 1, 2004 at 2:00 P.M., on the 1st Floor of the Government Center

Annex, 420-10th Street. Members present were:





Mrs. Leah Braxton, Chairperson

Mr. David Fox

Mr. Willie Lewis Jr.

Mr. Billy Edwards

Mr. Ralph King



Also present were Mr. Danny Cargill, Secretary of the Board, and Ms. Veronica

Pitts, Recording Secretary.



Mr. Lewis made a motion, which was seconded by Mr. King, to approve the

Minutes of the Monthly Meeting, which was held on August 4, 2004. Motion

carried unanimously.





CASES TABLED FROM THE AUGUST 4TH MEETING.



Case No. 04-V95--Tabled.



Billy Hanson, Signs Inc., and Freddie Blackmon, presented the appeal of Greater

Beulah Baptist Church, 613 Sixth Avenue, from a Decision of the Board of

Historic and Architectural Review to deny approval of a sign that is not in

keeping with the Historic District?s guidelines. The property is zoned C-3.



In their statements and in response to questions from the Board Members, Mr.

Hanson and Mr. Blackmon gave the following information: They have discussed

the sign with BHAR, but have not come to an agreement. It has been suggested

by BHAR that they have the sign 24 square feet, however at the time they

received the proposal they were unable to respond because it was received this

past Saturday before the Board of Zoning Appeals Meeting. They would like this

Board to listen to their contractor because at the last meeting he was not

present.







BOARD OF ZONING APPEALS ? 09/01/2004





Sean Boles, Principal Planner, Planning, stated, Elizabeth Barker, of Historic

Columbus Foundation and Allison Slocomb of The Lower Chattahoochee Regional

Development Center are both Historic Preservation Planners that have worked

with Greater Beulah Baptist Church to come up with some kind of compromise.

BHAR is scheduled to meet on September 13th and at that time they would ask Mr.

Blackmon and the Church representatives to come back and they will be put back

on the agenda. BHAR wants to work out some type of compromise with them on the

sign.



Leah Braxton, Chairperson, stated that meeting should occur before The Board of

Zoning Appeals make some type of vote. BHAR and the Church could make a

compromise and the BZA could make a better determination.



Mr. Blackmon and Mr. Hanson agreed with Leah Braxton.



There was no opposition presented to this appeal.



Mr. Fox made a motion, which was seconded by Mr. Edwards,

to table this appeal until the October meeting because the church

and The Board of Historic and Architectural Review are

negotiating the size of the sign and the request from BHAR was to

delay this and the applicant agreed. There wasn?t enough time to

work out a compromise. Motion carried unanimously.



Case No. 04-HO210?-Withdrawn.



This application was withdrawn at the request of the applicant, Ernest

Williams, 1466 Rochester Avenue, for a Certificate of Occupancy for a Home

Occupation for an office only for making videos and DVD?s on tips for hunting

safety and training pointing dogs, Pointing Gun Dogs and Safety on DVD. The

property is zoned R-2.



There was no opposition to this application.



Case No. 04-HO213?-Denied.



There was no one present to present the application of Barry D. McManious, 8400

Veteran?s Parkway #121, for a Certificate of Occupancy for a Home Occupation

for an office only for estimating jobs for an acoustical ceiling business,

B.D.M. Company. The property is zoned A-O.





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BOARD OF ZONING APPEALS ? 09/01/2004





There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to deny this

application because there was no one present to present the application for two

consecutive meetings. Motion carried unanimously.



END OF CASES TABLED FROM THE AUGUST 4TH MEETING.



VARIANCES.



Case No. 04-V96--Granted.



Milton Hirsch, Attorney for Terri Hirsch, 2815 W. Britt David Road, presented

the appeal for a variance to reduce the requirement of the rear yard setback of

a lot zoned C-2, which is adjoining a residential lot, from 15 feet to 4.5 feet

in order to replat these two lots. The property is zoned C-2.



In his statement and in response to questions from the Board Members,

Mr. Hirsch gave the following information: He would like to replat two lots.

There are commercial buildings that are adjoining the front on West Britt David

Road. There is a church across the street.



There was no opposition presented to this appeal.



Mr. King made a motion, which was seconded by Mr. Lewis, to grant this

appeal because there was no opposition and they are creating a vacant lot

behind the existing building, all of the parking will be on the front. Motion

carried unanimously.



Case No. 04-V97?-Granted.



Wendell R. Bricker, 5320 Rockhurst Drive, presented his appeal for a variance

to reduce the distance of the side yard setback requirement from 5 feet to 4

feet, in order to erect a storage building, 12? x 24?. The property is zoned

R-1A.



In his statement and in response to questions from the Board Members,

Mr. Bricker gave the following information: He has a retaining wall that sits

in the middle and having the 1 foot, the steps will be accessible. Because of

the topography, he has to move it over. His neighbors next door have no

objections.





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BOARD OF ZONING APPEALS ? 09/01/2004





There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. Fox, to grant this

appeal because the topography dictates the one foot, that is needed to build

the storage building. Motion carried unanimously.



Case No. 04-V98?-Granted.



Barry Wells, 1249 Gurr Avenue, presented the appeal for a variance to reduce

the side yard setback requirement from 8 feet to 4 feet 2 inches, on the

existing house in order to subdivide and create two lots. There is a pending

replat of this property. The property is zoned R-3A.



In his statement and in response to questions from the Board Members, Mr. Wells

gave the following information: He bought the house and it had two lots, he

would like to build a house on lot 5. The variance is on lot 6, the house is

existing. The water will flow to the back and there is an easement.



Planning recommends approval of this request. The memorandum is attached and

therefore is considered a part of these minutes.



There was no opposition presented to this appeal.



Mr. Fox made a motion, which was seconded by Mr. King, to grant this appeal

because the original house encroached on what would have been the original side

yard. This is an existing situation. He will not require a variance when he

constructs the house on the new lot. Motion carried unanimously.



Case No. 04-V99?-Granted.



Robert Thomas Jr., 2945 King Street, presented his appeal for a variance to

reduce the required corner lot side yard setback requirement from 25 feet to 5

feet, in order to erect an addition, 15? 5? x 5?, to a single family

residence. The property is zoned R-2.



In his statement and in response to questions from the Board Members,

Mr. Thomas gave the following information: He would like to bring out his

dining room 5 feet on the side. It will go out toward Rigdon Road. The

material used will be vinyl siding.





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BOARD OF ZONING APPEALS ? 09/01/2004





There was no opposition presented to this appeal.



Mr. King made a motion, which was seconded by Mr. Fox, to grant this appeal to

make an addition. The same material used will match the house. Motion carried

unanimously.



Case No. 04-V100?-Granted.



Sia Etemadi, 624 2nd Avenue, presented his appeal, for a variance to increase

the height (from 14 feet to 21 feet), in order to make a two-story addition to

a storage building, 33?x 22?x 21?. The Board of Historic and Architectural

Review has approved this addition. The property is zoned H.



In his statement and in response to questions from the Board Members, Mr.

Etemadi gave the following information: He is asking to increase the height

requirement to make a two-story addition to a storage building. Materials used

for the storage building will match the house.



There was no opposition presented to this appeal.



Mr. Fox made a motion, which was seconded by Mr. Lewis, to grant this

appeal to increase the height requirement from 14 feet to 21 feet. Motion

carried unanimously.



Case No. 04-V101-Denied.



Appeal of Allen Woodall Jr., 3226 Hamilton Road, from a Decision of the

Building Official that the Sign Ordinance does not permit two wind turbins

which are located on each side of the building roof. The property is zoned C-3.



In his statement and in response to questions from the Board Members,

Mr. Woodall gave the following information: These pieces are actually not

advertising pieces, they are not promoting our business as an antique or art

center. The pieces are for sale and they are forms of folk art. These are not

something that we?re just putting out there to attract attention, we put those

out there because they are really for sale.





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BOARD OF ZONING APPEALS ? 09/01/2004





When the Chairperson asked for opposition Diane Hewitt came forward. Diane

Hewitt, Inspections and Codes City Sign Inspector, stated that the wind mills

are covered under the sign ordinance as any kind of decorative ornamentation

that flaps, flutters, rotates, that attracts the attention of the public is

prohibited. Roof signs are prohibited and the definition in the ordinance

under signs covers statuary, painting display any other part thereof is

considered an advertisement for his business and/or the goods produced, sold,

or available for sale upon the property where the advertising display is

erected. She would like to address all of the signs at one time instead of

just the wind turbins (wind turbins, wind mills and the dinosaur) also, the

little man that waves his hand.



Leah Braxton, Chairperson, asked Mr. Woodall if it was o.k. with him for the

Board to address all of the items at one time and he stated yes.



Mr. Woodall stated: This is the first that he heard about the t-rex on top of

the building. He thought the complaints were about the wind turbins and the

sign which really is not a sign, it is a piece of folk art, it is next to the

entrance to their building attached to the fence. Those were the variance

violations that he was told were being looked at according to Diane and to Bill

Duck, Director of Inspection and Codes. Those were the only two things in

question that he knew anything about.



Leah Braxton stated: That is why Diane wanted to make sure if Mr. Woodall

wanted to talk just about the two wind turbins and the little man or if all of

the items on the roof and the little man located by the fence were under

discussion and Mr. Woodall said he was fine getting into all of it.



Billy Edwards, Board Member, asked what is the difference in the stuff on the

roof and the stuff on the overhang roof?



Danny Cargill, Secretary of the Board, stated under the sign ordinance, signs

are prohibited on the roof. They are exempt from permitting when located on

walls and canopies in the sign ordinance.







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BOARD OF ZONING APPEALS ? 09/01/2004





Mr. Fox made a motion, which was seconded by Mr. Lewis, to deny this appeal

because they agree with the Decision of the Building Official that the sign

ordinance does not permit signs, to include wind turbins and the other items

located on the roof. He does have other alternatives in order to display his

items. Motion carried by a vote of 4 to 1 with Ralph King voting against the

motion.



Case No. 04-V102--Granted.



Michael Greenblatt, 7251 Midland Road, presented his appeal from a Decision of

the Building Official that an accessory structure (recreation room and garage)

is not permitted in the side yard. The property is zoned A-1.



In his statement and in response to questions from the Board Members,

Mr. Greenblatt gave the following information: He has 25 acres. There is a

building on the proposed building site. The building is in dis-repair and he

would like to build a new one. There is an existing barn and the accessory

structure will be built with the same structure as the barn.



There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. Fox, to grant this

appeal even though the Building Official is correct that an accessory structure

is not permitted in the side yard. This is a 25 acre lot and the accessory

structure is not visible from the street. Motion carried unanimously.



Case No. 04-V103?-Granted.



Brunhilde Chrismond, 3627 Ginger Drive, presented her appeal, for a variance to

reduce the side yard setback requirement from 8 feet to 6.5 feet, in order to

add a garage, 20? x 33?, to a single family residence. The property is zoned

R-2.



In her statement and in response to questions from the Board Members,

Ms. Chrismond gave the following information: She would like to add a garage

to the right side of her home. The garage will be over an existing slab.

Water will flow to the rear of the house. There are French drains in the

front.



There was no opposition presented to this appeal.





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BOARD OF ZONING APPEALS ? 09/01/2004





Mr. King made a motion, which was seconded by Mr. Edwards, to grant

this appeal because the garage will be over an existing slab and the water will

flow away from the property. Motion carried unanimously.



Case No. 04-V104?-Granted.



Randy Prather, Builder, presented the appeal of Felix Walton, 444 Kensington

Road, for a variance to reduce the rear yard setback requirement from 30 feet

to 14 feet, in order to add a room, 20? x 30?, to a single family residence.

The property is zoned R-1A.



In his statement and in response to questions from the Board Members, Mr.

Prather gave the following information: Mr. Walton would like to add a Florida

Room to his home. Similar materials will be used to match the house. It will

have a gable roof and the water will flow to the side and down the driveway.



There was no opposition presented to this appeal.



Mr. Fox made a motion, which was seconded by Mr. Edwards, to grant this appeal

because this will be an addition of a family room to the rear of the house and

it will encroach 14 feet of the rear line. There was no opposition from the

neighbors. Motion carried unanimously.



Case No. 04-V105--Granted.



Tim Jensen and Will Berger, presented the appeal of Hecht, Burdeshaw & Johnson

Architects, 1530 Third Avenue, from a Decision of the Building Official to deny

three proposed signs that do not meet the minimum setback requirement of 3 feet

and only two signs are allowed on this lot. The property is zoned C-1.



In their statements and in response to questions from the Board

Members, Mr. Jensen and Mr. Berger gave the following information: The

property has been developed for an office building. There is a fence that is

currently in place that has in sets at 3 locations for a monument sign. The

location of the signs are to frame to sight in accordance with the fence that

is in place. The setback for the lot is a zero lot line setback. The proposed

signs would be inches from the property line. The number of signs and the

square footage is o.k., but there are two allowed. The site was broken up into

several lots originally and has since combined into one lot.



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BOARD OF ZONING APPEALS ? 09/01/2004





The Uptown Fa?ade Board has granted the owner a Certificate of

Appropriateness. This Certificate is attached and therefore is considered a

part of these minutes.



There was no opposition presented to this appeal.



Mr. Fox made a motion, which was seconded by Mr. King, to grant this

appeal although the Building Official is correct to deny three signs that do

not meet setback requirement. This is a large lot that is fronted on three

sides by roadway and it has numerous ingress and egress. Motion carried

unanimously.



Case No. 04-V106?-Granted.



Ron Self, 513 Broadway and William Baird, presented the appeal for a variance

to reduce the side yard setback requirement from 10 feet to 3 feet 9 inches, in

order to add a deck, 8? x 23? 4?, to a single family residence. The property

is zoned H.



In his statement and in response to questions from the Board Members,

Mr. Self gave the following information: They would like to build a screened

in deck with a new roof line. Most of the houses in the area already have the

same set off roof line.



The Uptown Fa?ade Board has granted the owner a Certificate of

Appropriateness. This Certificate is attached and therefore is considered a

part of these minutes.



There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. Fox, to grant this

appeal because the deck is going to be extended and it won?t be any closer to

the lot line than the existing house. Motion carried unanimously.



Case No. 04-V107?-Granted.



Tony Loper, 1051 Water Valley Drive, presented his appeal for a variance to

reduce the distance of the rear yard setback requirement from 5 feet to 2 feet,

in order to erect a storage building, 12? x 12?, on a lot with an existing

single family residence. The property is zoned R-2.







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BOARD OF ZONING APPEALS ? 09/01/2004





In his statement and in response to questions from the Board Members, Mr. Loper

gave the following information: The storage building is already constructed.

The storage building can not go in the rear yard because the land slopes.

After a second survey was done they found out the property line was different.

The neighbor to the rear does not have any objections. He will put up a

fence.



There was no opposition presented to this appeal.



Mr. King made a motion, which was seconded by Mr. Fox, to grant this appeal

because the lot line changed after he constructed the storage building. Motion

carried unanimously.



Case No. 04-V108?-Granted.



Virginia Peoples and Elizabeth Barker presented the appeal of Historic Columbus

Foundation, 741-A Fifth Avenue, for a variance to reduce the setback

requirement of the front yard from 20 feet to 8 feet, of the rear yard from 30

feet to 12.5 feet, of the lot area from 6000 square feet to 3399 square feet,

of the lot width from 50 feet to 46 feet, and the parking spaces from 2 spaces

to 1 space, in order to re-locate a single family residence onto this lot.

There is a pending replat and rezoning of this property. The property is zoned

C-3.



In their statements and in response to questions from the Board Members, Ms.

Peoples and Ms. Barker gave the following information: Historic Columbus

Foundation has been working for several years to try and come up with a

solution for the row of houses that were originally on 9th Street. Originally,

the City requested complete demolition of the row of houses and it was denied

by both The Board of Historic & Architectural Review and The State Preservation

Office. A new use for the house would be to put it in a new site in the

Liberty Heritage District. The houses were originally 10 feet apart, but these

will have much more property in the new location.



Planning recommends approval of this request. The memorandum from Planning is

attached and therefore is considered a part of these minutes.



There was no opposition presented to this appeal.







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BOARD OF ZONING APPEALS ? 09/01/2004





Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

appeal because if the variance is not granted, the hardship would be they would

not be able to preserve the historic building. Motion carried unanimously.



Case No. 04-V109--Granted.



Virginia Peoples and Elizabeth Barker presented the appeal of Historic Columbus

Foundation, 741-B Fifth Avenue, for a variance to reduce the setback

requirement of the front yard from 20 feet to 8 feet, of the rear yard from 30

feet to 12.5 feet, of the lot area from 6000 square feet to 3399 square feet,

of the lot width from 50 feet to 46 feet, and the parking spaces from 2 spaces

to 1 space, in order to re-locate a single family residence onto this lot.

There is a pending replat and rezoning of this property. The property is zoned

C-3.



In their statements and in response to questions from the Board Members, Ms.

Peoples and Ms. Barker gave the following information: Historic Columbus

Foundation has been working for several years to try and come up with a

solution for the row of houses that were originally on 9th Street. Originally,

the City requested complete demolition of the row of houses and it was denied

by both The Board of Historic & Architectural Review and The State Preservation

Office. A new use for the house would be to put it in a new site in the

Liberty Heritage District. The houses were originally 10 feet apart, but these

will have much more property in the new location.



Planning recommends approval of this request. The memorandum from Planning is

attached and therefore is considered a part of these minutes.



There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

appeal because if the variance is not granted, the hardship would be they would

not be able to preserve the historic building. Motion carried unanimously.





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BOARD OF ZONING APPEALS ? 09/01/2004





Case No. 04-V110?-Granted.



Virginia Peoples and Elizabeth Barker presented the appeal of Historic

Columbus Foundation, 741-C Fifth Avenue, for a variance to reduce the setback

requirement of the front yard from 20 feet to 8 feet, of the rear yard from 30

feet to 12.5 feet, of the lot area from 6000 square feet to 4307.93 square

feet, and the parking spaces from 2 spaces to 1 space, in order to re-locate a

single family residence onto this lot. There is a pending replat and rezoning

of this property. The property is zoned C-3.



In their statements and in response to questions from the Board Members, Ms.

Peoples and Ms. Barker gave the following information: Historic Columbus

Foundation has been working for several years to try and come up with a

solution for the row of houses that were originally on 9th Street. Originally,

the City requested complete demolition of the row of houses and it was denied

by both The Board of Historic & Architectural Review and The State Preservation

Office. A new use for the house would be to put it in a new site in the

Liberty Heritage District. The houses were originally 10 feet apart, but these

will have much more property in the new location.



Planning recommends approval of this request. The memorandum from Planning is

attached and therefore is considered a part of these minutes.



There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

appeal because if the variance is not granted, the hardship would be they would

not be able to preserve the historic building. Motion carried unanimously.



Case No. 04-V111?-Granted.



Chuck Ford presented the appeal of Lake Apartments, IV, LLC, 4343 Warm Springs

Road, from a Decision of the Building Official that a new structure is not

permitted on a land locked parcel. The owners are proposing to erect two

garages, 86? x 24? x 14?, for this apartment complex. The property is zoned

A-O.





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BOARD OF ZONING APPEALS ? 09/01/2004





In his statement and in response to questions from the Board Members, Mr. Ford

gave the following information: They are not sure how this was developed, the

plans were approved and the building was approved with the two garages on the

lot line on the back closer than the setback. In addition, the parcel is land

locked and they had to get Council to approve access to an easement which was

done yesterday (August 31).



There was no opposition presented to this appeal.



Mr. King made a motion, which was seconded by Mr. Edwards, to grant this appeal

to erect two garages, although the Building Official is correct that a new

structure is not permitted on a land locked parcel. Motion carried

unanimously.



Case No. 04-V112--Withdrawn.



Chad Pepper, 1432 Alta Vista Drive, Lot A, presented his appeal for a variance

to reduce the required width of a lot from 75 feet to 33 feet, in order to

erect four single family homes on this two acre tract which the owner is

requesting to be divided into five lots. There is an existing single-family

home on Lot ?C?. There is a pending replat. The property is zoned R-1A.



In his statement and in response to questions from the Board Members,

Mr. Pepper gave the following information: This is a large lot, there is one

house on the lot that will be renovated and four new houses will be erected.



When the Chairperson asked for opposition over 10 people stood up. The concern

is there is a water problem. That particular lot possibly has underground

water that is very close to the surface. They suggest that Mr. Pepper get a

developer or land planner to resolve this problem. There was also a petition

with 120 signatures opposing this request.



Chad Pepper stated he would withdraw his request because so many people were in

opposition.







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BOARD OF ZONING APPEALS ? 09/01/2004





Case No. 04-V113?-Withdrawn.



Chad Pepper, 1432 Alta Vista Drive, Lot B, presented his appeal for a variance

to reduce the required width of a lot from 75 feet to 33 feet, in order to

erect four single family homes on this two acre tract which the owner is

requesting to be divided into five lots. There is an existing single-family

home on Lot ?C?. There is a pending replat. The property is zoned R-1A.



In his statement and in response to questions from the Board Members,

Mr. Pepper gave the following information: This is a large lot, there is one

house on the lot that will be renovated and four new houses will be erected.



When the Chairperson asked for opposition over 10 people stood up. The concern

is there is a water problem. That particular lot possibly has underground

water that is very close to the surface. They suggest that Mr. Pepper get a

developer or land planner to resolve this problem. There was also a petition

with 120 signatures opposing this request.



Chad Pepper stated he would withdraw his request because so many people were in

opposition.



Case No. 04-V114?-Withdrawn.



Chad Pepper, 1432 Alta Vista Drive, Lot D, presented his appeal for a variance

to reduce the required width of a lot from 75 feet to 37 feet, in order to

erect four single family homes on this two acre tract which the owner is

requesting to be divided into five lots. There is an existing single-family

home on Lot ?C?. There is a pending replat. The property is zoned R-1A.



In his statement and in response to questions from the Board Members,

Mr. Pepper gave the following information: This is a large lot, there is one

house on the lot that will be renovated and four new houses will be erected.



When the Chairperson asked for opposition over 10 people stood up. The concern

is there is a water problem. That particular lot possibly has underground

water that is very close to the surface. They suggest that Mr. Pepper get a

developer or land planner to resolve this problem. There was also a petition

with 120 signatures opposing this request.





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BOARD OF ZONING APPEALS ? 09/01/2004





Chad Pepper stated he would withdraw his request because so many people were in

opposition.



Case No. 04-V115--Withdrawn.



Chad Pepper, 1432 Alta Vista Drive, Lot E, presented his appeal for a variance

to reduce the required width of a lot from 75 feet to 36 feet, in order to

erect four single family homes on this two acre tract which the owner is

requesting to be divided into five lots. There is an existing single-family

home on Lot ?C?. There is a pending replat. The property is zoned R-1A.



In his statement and in response to questions from the Board Members,

Mr. Pepper gave the following information: This is a large lot, there is one

house on the lot that will be renovated and four new houses will be erected.



When the Chairperson asked for opposition over 10 people stood up. The concern

is there is a water problem. That particular lot possibly has underground

water that is very close to the surface. They suggest that Mr. Pepper get a

developer or land planner to resolve this problem. There was also a petition

with 120 signatures opposing this request.



Chad Pepper stated he would withdraw his request because so many people were in

opposition.



Case No. 04-V116?-Granted.



Britt Kemp presented the appeal of Viacom Outdoor, Inc., 3502 Earline Avenue,

from a Decision of the Building Official that there must be a distance of 1250

feet between two billboard signs. The property is zoned C-3.



In his statement and in response to questions from the Board Members,

Mr. Kemp gave the following information: The sign will be similar in nature,

it will be a 12? x 25? back to back poster unit. According to size and height,

it is conforming under the new ordinance except it is not spaced out 1250 feet

apart from every sign around it as the new ordinance states. Viacom has come

up with regulations and guidelines for sign structures. They are calling for a

different head configuration and in order to do that a new pole is needed. The

old sign will come down and the new sign will have the same size, height and

structural configuration.



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BOARD OF ZONING APPEALS ? 09/01/2004





There was no opposition presented to this appeal.



Mr. Fox made a motion, which was seconded by Mr. Lewis, to grant this

appeal because this is a replacement sign for an existing sign. The design

situation is such that the company decided to change the header and pole. The

sign will be virtually in the same location as before, it will be the same size

and height. Motion carried unanimously.



Case No. 04-V117?-Granted.



Britt Kemp presented the appeal of Viacom Outdoor, Inc., 2800 Victory Drive,

from a Decision of the Building Official that there must be a distance of 1250

feet between two billboard signs. The property is zoned C-3.



In his statement and in response to questions from the Board Members,

Mr. Kemp gave the following information: The sign will be similar in nature,

it will be a 12? x 25? back to back poster unit. According to size and height,

it is conforming under the new ordinance except it is not spaced out 1250 feet

apart from every sign around it as the new ordinance states. Viacom has come

up with regulations and guidelines for sign structures. They are calling for a

different head configuration and in order to do that a new pole is needed. The

old sign will come down and the new sign will have the same size, height and

structural configuration.

There was no opposition presented to this appeal.



Mr. Fox made a motion, which was seconded by Mr. Lewis, to grant this appeal

because this is a replacement sign for an existing sign. The design situation

is such that the company decided to change the header and pole. The sign will

be virtually in the same location as before, it will be the same size and

height. Motion carried unanimously.



Case No. 04-V118--Granted.



Britt Kemp presented the appeal of Viacom Outdoor, Inc., 4220 Miller Road, from

a Decision of the Building Official that there must be a distance of 1250 feet

between two billboard signs. The property is zoned C-3.





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BOARD OF ZONING APPEALS ? 09/01/2004





In his statement and in response to questions from the Board Members,

Mr. Kemp gave the following information: The sign will be similar in nature,

it will be a 12? x 25? back to back poster unit. According to size and height,

it is conforming under the new ordinance except it is not spaced out 1250 feet

apart from every sign around it as the new ordinance states. Viacom has come

up with regulations and guidelines for sign structures. They are calling for a

different head configuration and in order to do that a new pole is needed. The

old sign will come down and the new sign will have the same size, height and

structural configuration.

There was no opposition presented to this appeal.



Mr. Fox made a motion, which was seconded by Mr. Lewis, to grant this

appeal because this is a replacement sign for an existing sign. The design

situation is such that the company decided to change the header and pole. The

sign will be virtually in the same location as before, it will be the same size

and height. Motion carried unanimously.



Case No. 04-V119?-Granted.



Britt Kemp presented the appeal of Viacom Outdoor, Inc., 802 30th Street, from

a Decision of the Building Official that there must be a distance of 1250 feet

between two billboard signs. The property is zoned C-3.



In his statement and in response to questions from the Board Members,

Mr. Kemp gave the following information: The sign will be similar in nature,

it will be a 12? x 25? back to back poster unit. According to size and height,

it is conforming under the new ordinance except it is not spaced out 1250 feet

apart from every sign around it as the new ordinance states. Viacom has come

up with regulations and guidelines for sign structures. They are calling for a

different head configuration and in order to do that a new pole is needed. The

old sign will come down and the new sign will have the same size, height and

structural configuration.

There was no opposition presented to this appeal.







17

BOARD OF ZONING APPEALS ? 09/01/2004





Mr. Fox made a motion, which was seconded by Mr. Lewis, to grant this

appeal because this is a replacement sign for an existing sign. The design

situation is such that the company decided to change the header and pole. The

sign will be virtually in the same location as before, it will be the same size

and height. Motion carried unanimously.



Case No. 04-V120?-Granted.



Ricky Catrett and Robin Ladiwick, presented the appeal of 2902 Clover Lane, for

a variance to reduce the required area of each lot from 6000 square feet to

4030 square feet, in order to subdivide this tract into two lots and to erect a

single family home on one of the lots. There is an existing single family home

on the other lot. There is a pending replat. The property is zoned R-3A.



In their statements and in response to questions from the Board Members, Mr.

Catrett and Ms. Ladiwick gave the following information: They buy foreclosures

and remodel the houses and put Section 8 or anyone that can qualify. When they

buy the properties, they look for opportunities to enhance the property by

possibly splitting it up and building another structure on it that may increase

their cash flow so they can buy other depressed houses in the same

neighborhood. This is a huge lot and they want to split it and build another

house on the back side of it.



Will Johnson, Zoning Administrator, changed the decision from recommending

denial to recommending approval of this request. The memorandum is attached and

therefore is considered a part of these minutes.



There was no opposition presented to this appeal.



Mr. King made a motion, which was seconded by Mr. Lewis, to grant this appeal

because Planning has changed its recommendation from denial to approval because

this will be an opportunity to clean up the area. Motion carried unanimously.



END OF VARIANCES.









18

BOARD OF ZONING APPEALS ? 09/01/2004





HOME OCCUPATIONS.



Case No. 04-HO223--Granted.



Susan Daniel presented the application for her husband James M. Daniel, 5801

Billings Road, for a Certificate of Occupancy for a Home Occupation for an

office only for a lawn maintenance service, Grass Cycler. The property is

zoned R-1.



In her statement and in response to questions from the Board Members, Mrs.

Daniel gave the following information: He will be using one room in their home

as an office only. He will have no employees and there will be no additional

traffic in the neighborhood. This will be full time.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition,

but with the stipulation that there will be no storage of work material at the

residence. Motion carried unanimously.



Case No. 04-HO224--Granted.



Teresa Anne Topps, 5848 Windham Court, presented her application for a

Certificate of Occupancy for a Home Occupation for an office only for

contracting and maintenance, transferring of goods and manufactured supplies, T

& J Contracting and Maintenance. The property is zoned R-1A.



In her statement and in response to questions from the Board Members, the

applicant gave the following information: She will be using one room in her

home as an office only. She will have no employees and there will be no

additional traffic in the neighborhood. This will be full time work.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition.

Motion carried unanimously.







19

BOARD OF ZONING APPEALS ? 09/01/2004





Case No. 04-HO225--Granted.



Brenda Day, 516 Parkwood Drive, presented her application for a Certificate of

Occupancy for a Home Occupation for an office only for a photography business,

Brenda?s Photography. The property is zoned R-2.



In her statement and in response to questions from the Board Members, the

applicant gave the following information: She will be using one room in her

home as an office only. She will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition.

Motion carried unanimously.



Case No. 04-HO226?-Granted.



Pablo R. Padin-Gonzalez, 305 Perdue Lane, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for a fencing

and concrete business, P. R. Contractors. The property is zoned R-2.



In his statement and in response to questions from the Board Members, the

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work. Any

extra material will be returned to Home Depot.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition.

Motion carried unanimously.





20

BOARD OF ZONING APPEALS ? 09/01/2004





Case No. 04-HO227?-Granted.



Kimela M. Anderson, 5165 Yosemite Drive, presented her application for a

Certificate of Occupancy for a Home Occupation for an office only for

Dedicated, Mediation and Innovative Resolution Services, D?MAIR Services. The

property is zoned R-1A.



In her statement and in response to questions from the Board Members, the

applicant gave the following information: She will be using one room in her

home as an office only. She will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition.

Motion carried unanimously.



Case No. 04-HO228--Granted.



Kenneth Ray Blount, 4502 Melborne Drive, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for a lawn

service and minor home repairs, All Seasons Lawn Care. The property is zoned

R-1A.



In his statement and in response to questions from the Board Members, the

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition,

but with the stipulation that there will be no storage of work material at the

residence. Motion carried unanimously.





21

BOARD OF ZONING APPEALS ? 09/01/2004





Case No. 04-HO229?-Granted.



Phaedra Gathers, 7822 Crawford Drive, presented her application for a general

cleaning and personalized cleaning service, Precisely Clean. The property is

zoned R-2.



In her statement and in response to questions from the Board Members, the

applicant gave the following information: She will be using one room in her

home as an office only. She will have no employees and there will be no

additional traffic in the neighborhood. This will be part time

work.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition.

Motion carried unanimously.



Case No. 04-HO230--Granted.



Eddie Patten, Jr., 5850 Milgen Road Apt. F-6, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for the sale

of products via internet, gift shops, swap meets and flea markets, Jazz Gift

Shop. The property is zoned R-4.



In his statement and in response to questions from the Board Members, the

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work. He would

like to change his business name to 357 Gift Shop.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition.

The name change was granted. Motion carried unanimously.









22

BOARD OF ZONING APPEALS ? 09/01/2004





Case No. 04-HO231?-Granted.



Loren E. O?Connor, 3315 Tewson Drive, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for the

processing of orders for electronics via internet and E-Bay. The property is

zoned R-2.



In her statement and in response to questions from the Board Members, the

applicant gave the following information: She will be using one room in her

home as an office only. She will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work. The

items will be dropped shipped to the client?s home. She would like to change

her business name to Deal Grand.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition.

The name change was granted. Motion carried unanimously.



Case No. 04-HO232?-Granted.



William Larry Goodman, 3203 Modler Drive, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for selling

window blinds, Goody?s Blinds. The property is zoned R-2.



In his statement and in response to questions from the Board Members, the

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work. The

items will be dropped shipped to the client?s home.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition.

Motion carried unanimously.







23

BOARD OF ZONING APPEALS ? 09/01/2004





Case No. 04-HO233?-Granted.



Richard M. McGuire, 4 Hilton Woods Court, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for a general

contracting business, Cantrell-McGuire Builders. The property is zoned R-1A.



In his statement and in response to questions from the Board Members, the

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be full time work.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition,

but with the stipulation that there will be no storage of work material at the

residence. Motion carried unanimously.



Case No. 04-HO234--Tabled.



There was no one present to present the application of Billy R. Davis, 5301

Broadfield Drive, for a Certificate of Occupancy for a Home Occupation for an

office only for a lawn cutting business, Davis Lawn & Home Care Services. The

property is zoned R-1A.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to table this

application until the October meeting because there was no one present to

present the application. Motion carried unanimously.



Case No. 04-HO235--Granted.



Bernice Smith, 3114 Meade Street, presented her application for a Certificate

of Occupancy for a Home Occupation for an office only for bookkeeping,

management and consulting for physicians, D & S Support Services. The property

is zoned R-2.







24

BOARD OF ZONING APPEALS ? 09/01/2004





In her statement and in response to questions from the Board Members, the

applicant gave the following information: She will be using one room in her

home as an office only. She will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition.

Motion carried unanimously.



Case No. 04-HO236?-Granted.



Tony Loper, 1051 Water Valley Drive, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for a mobile

business, car care, pressure washing driveways and cleaning house siding,

Lope?s Car Care. The property is zoned R-2.



In his statement and in response to questions from the Board Members, the

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition,

but with the stipulation that there will be no storage of work material at the

residence. Motion carried unanimously.



Case No. 04-HO237--Granted.



Barbara Ann Thomason, 3416 Sherwood Avenue, presented her application for a

Certificate of Occupancy for a Home Occupation for an office only for a

decorating and interior design business, The Leopard Monkey. The property is

zoned R-2.





25

BOARD OF ZONING APPEALS ? 09/01/2004





In her statement and in response to questions from the Board Members, the

applicant gave the following information: She will be using one room in her

home as an office only. She will have no employees and there will be no

additional traffic in the neighborhood. This will be full time work.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition.

Motion carried unanimously.



Case No. 04-HO238--Tabled.



There was no one present to present the application of Robert K. Smith, 7118

Willowoak Drive, for a Certificate of Occupancy for a Home Occupation for an

office only for a paint contracting business. The property is zoned R-2.



There was no opposition to this application.



Mr. Lewis made a motion, which was seconded by Mr. Edwards, to table this

application until the October meeting because there was no one present to

present the application. Motion carried unanimously.



Case No. 04-HO239--Granted.



Joe Pollock, 3619 Bridgewater Road, presented his application for a Certificate

of Occupancy for a Home Occupation for an office only for a landscaping and

lawn care business, Landscapes by Joe Pollock. The property is zoned R-2.



In his statement and in response to questions from the Board Members, the

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work.



There was no opposition to this application.







26

BOARD OF ZONING APPEALS ? 09/01/2004





Mr. Edwards made a motion, which was seconded by Mr. King, to grant this

application because it does meet the intent of the Home Occupation definition,

but with the stipulation that there will be no storage of work material at the

residence. Motion carried unanimously.



Case No. 04-HO240?-Granted.



Jerome Murphy, 1057 Bedford Avenue, presented his application for a Certificate

of Occupancy for a Home Occupation for an office only for buying and selling

produce, F & M Produce. The property is zoned R-2.



In his statement and in response to questions from the Board Members, the

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work. He will

pick up fruit daily and sell it at different stands away from his home.



When the Chairperson asked for opposition, Ann Davis came forward. She is

concerned with the produce truck and wants Mr. Murphy to use an office only at

his home and not have the produce stand at his home.



Mr. Lewis made a motion, which was seconded by Mr. King, to grant this

application because it does meet the intent of the Home Occupation definition.

Motion carried unanimously.



Case No. 04-HO241--Tabled.



There was no one present to present the application of Georgine Green, 1367

Sandusky Court, for a Certificate of Occupancy for a Home Occupation for an

office only for a lawn care business, Green?s Lawn Service. The property is

zoned R-1A.



There was no opposition to this application.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to table this

application until the August meeting because there was no one present to

present the application. Motion carried unanimously.





27

BOARD OF ZONING APPEALS ? 09/01/2004





Case No. 04-HO242?-Granted.



William Bryan Miller, 1708 Boulevard Street, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for editing

digital media, Digital Media Group, Inc. The property is zoned R-4.



In his statement and in response to questions from the Board Members, the

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work.



There was no opposition to this application.



Mr. King made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition.

Motion carried unanimously.



Case No. 04-HO243--Granted.



Corbert D. Taylor, 2140 Welch Drive, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for a mobile

pressure washing business, TEE?s Power Washing Service. The property is zoned

R-2.



In his statement and in response to questions from the Board Members, the

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work.



There was no opposition to this application.



Mr. King made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition,

but with the stipulation that there will be no storage of work material at the

residence. Motion carried unanimously.





28

BOARD OF ZONING APPEALS ? 09/01/2004





Case No. 04-HO244?-Granted. Curtis G. Mansell Jr., 4026 Lakewood Drive, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for computer

graphic design and web design services, Mrender Studio. The property is zoned

R-2.



In his statement and in response to questions from the Board Members, the

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be full time work.



There was no opposition to this application.



Mr. King made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition.

Motion carried unanimously.



Case No. 04-HO245--Granted.



Leodan Lopez, 354 St. Mary?s Road A-47, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for a house

painting business, King?s Touch. The property is zoned C-3.



In his statement and in response to questions from the Board Members, the

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work. The

paint will be kept at the client?s home.



There was no opposition to this application.



Mr. King made a motion, which was seconded by Mr. Lewis, to grant this

application because it does meet the intent of the Home Occupation definition,

but with the stipulation that there will be no storage of work material at the

residence. Motion carried unanimously.



END OF HOME OCCUPATIONS.









29

BOARD OF ZONING APPEALS ? 09/01/2004







There being no further business to come before the Board,

the meeting adjourned at 4:50 p.m.









____________________ __________________

Leah Braxton, Bill Duck,

Chairperson Secretary





_____________________ __________________

David Fox, Danny Cargill,

Vice Chairperson Acting Secretary